Essentials Of Business Law And The Legal Environment 11Th. Ch. 8 Study Guide

Front 1

____ 1. It is possible to be liable for injuries caused to another even though you have used reasonable care to prevent those injuries.

Back 1

T

Front 2

____ 2. Negligence is defined as conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.

Back 2

T

Front 3

____ 3. A possessor of land may inflict intentional injury upon a trespasser to eject him upon discovery of his presence on the land.

Back 3

F

Front 4

____ 4. The standard of conduct to which a child must conform is that of a reasonable person of like age, intelligence, and experience under like circumstances.

Back 4

T

Front 5

____ 5. The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.

Back 5

T

Front 6

____ 6. Although persons may not have a duty to help another, they nevertheless do have a duty not to hinder others who are trying to help.

Back 6

T

Front 7

____ 7. In order to prove negligence by the defendant, the plaintiff must prove, among other things, that the defendant’s conduct was the factual cause of the harm suffered by the plaintiff.

Back 7

T

Front 8

____ 8. Whether an activity is considered abnormally dangerous or not usually depends on the circumstances under which the activity is conducted.

Back 8

T

Front 9

____ 9. A defendant whose own negligence created an emergency situation is liable for the consequences of this conduct even though the defendant acted reasonably in the resulting situation.

Back 9

T

Front 10

____ 10. A person living on property adjoining land later designated a blasting zone for a new highway has assumed the risk of harm and may not recover for damages if he fails to move away.

Back 10

F

Front 11

____ 11. The “but-for” rule is a test for determining strict liability.

Back 11

F

Front 12

____ 12. A person with a mental disability will be held to the same reasonable person standard as a person of normal intelligence.

Back 12

T

but for test:

A test commonly used to determine actual causation. The test simply asks, "but for the existence of X, would Y have occurred?" If the answer is yes, then factor X is an actual cause of result Y.

Front 13

____ 13. The possessor of land owes a higher duty of care to a licensee than to an invitee.

Back 13

F

Front 14

____ 14. A violation of a statute constitutes negligence per se if the injured party is a member of the class protected by the statute.

Back 14

T

Front 15

____ 15. The doctrine of strict liability is not based on any particular fault of the defendant, but rather on the nature of the activity in which the defendant is engaging.

Back 15

T

Front 16

____ 1. P was injured when D drove his golf ball into the back of P’s head. If P wants to recover against D in negligence, he must show which of the following?
a. Breach of duty of care
b. Factual cause
c. Harm
d. All of the above

Back 16

d

Front 17

____ 2. The standard of care applicable to a child is that of:
a. the reasonable person.
b. a reasonable person who is incapable of exercising the judgment of an adult.
c. a reasonable person of like age, intelligence, and experience.
d. a reasonable person who has a mental disability.

Back 17

c

Front 18

____ 3. Assume F violates a statute which is intended to protect restaurant patrons from food poisoning by requiring restaurant owners to install special refrigeration equipment. F may be sued under a standard of care based upon this statute if:
a. A, a patron, falls down a poorly lit staircase on his way to the salad bar.
b. B, a patron, becomes violently ill after eating tainted chicken salad.
c. C, a patron, chokes on a chicken bone which was in his fruit salad.
d. D, a waitress, dies after eating tainted chicken salad.

Back 18

b

Front 19

____ 4. A is under an affirmative duty to come to the aid of B who is in danger if:
a. A is B’s best friend.
b. A is responsible for B’s predicament.
c. A is a doctor.
d. none of the above.

Back 19

b

Front 20

____ 5. A possessor of land is liable for the injuries to his licensee if he fails to:
a. warn her of a known defect which she is unlikely to discover.
b. repair a known defect.
c. warn her of a known defect which she is likely to discover.
d. discover a defect.

Back 20

a

Front 21

____ 6. A plaintiff who sues under res ipsa loquitur must show that:
a. an event occurred which would not normally occur in the absence of negligence.
b. the defendant intended to cause the harm suffered by the plaintiff.
c. other possible causes have been eliminated by the evidence.
d. none of the above.

Back 21

a

Latin for "the thing speaks for itself," a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

Front 22

____ 7. A may be relieved of liability for negligent harm to B if an intervening act:
a. occurs after A’s negligent conduct.
b. is a cause in fact of B’s injury.
c. is a normal consequence of the situation created by A’s negligent conduct.
d. (a) and (b), but not (c).

Back 22

d

Front 23

____ 8. In a state which does NOT recognize the doctrine of comparative negligence, A may recover from B for injuries proximately caused by B’s negligence and A’s contributory negligence if:
a. B’s fault was greater than A’s fault.
b. B’s fault was less than A’s fault.
c. B had the last clear chance to avoid the injury.
d. none of the above.

Back 23

c

Front 24

____ 9. A, the owner of a dog, is strictly liable to B for harm caused by the dog if it:
a. digs out from under its fenced yard and digs up B’s flowerbed.
b. bites B when it has never attacked or bitten anyone before.
c. bites B when it has bitten someone before.
d. bites B when A knows that it frequently chases bicycle riders.

Back 24

c

Front 25

____ 10. If A’s abnormally dangerous activity injures B, B may not recover for her injuries if she:
a. expressly assumed the risk of harm.
b. was more at fault than A.
c. had the last clear chance to avoid the danger.
d. was contributorily negligent.

Back 25

a

Front 26

____ 11. Which of the following would not give rise to an action in strict liability?
a. Storing explosives in large quantity.
b. Crop dusting.
c. Blasting or pile driving.
d. All of the above would give rise to an action.

Back 26

d

Front 27

____ 12. The standard of care of a person who practices a profession is that of:
a. the reasonable person.
b. a reasonable person of like education and training.
c. a reasonable person of the same age.
d. none of the above.

Back 27

b

Front 28

____ 13. Matthew negligently drives his automobile into Nancy who is crossing against the light. Nancy sustains damages in the amount of $10,000 and sues Matthew. The jury determines that Mat-thew’s negligence contributed 75 percent to Nancy’s injury and that Nancy’s negligence contributed 25 percent to her injury. Under the doctrine of comparative negligence, Nancy can recover:
a. $0.
b. $2,500.
c. $7,500.
d. $10,000.

Back 28

c

Front 29

____ 14. Zane Zookeeper is fleeing from an escaped tiger. You see his plight and wave for him to come into your house. He leaps up your front steps and slips on your skateboard which was left there from the night before. Your duty to Zane is:
a. not to intentionally injure him.
b. to warn him the skateboard is there.
c. to exercise reasonable care to protect him from falling on the skateboard.
d. you have no duty to Zane.

Back 29

b

Front 30

____ 15. Sarah Student goes to Glamour Department Store to buy a dress. Sarah is a:
a. trespasser.
b. licensee.
c. public invitee.
d. business invitee.

Back 30

d

Front 31

1. Explain the reasonable person standard of care. When may the courts apply a statutory standard of care in determining negligence?

Back 31

The reasonable person standard is ordinarily used to determine a defendant’s negligence by comparing what the defendant did to what a reasonable person acting prudently and with due care under the circumstances would have done. Some statutes impose a specific standard of care upon certain classes of defendants for the protection of certain classes of plaintiffs. Thus, the courts may take the requirements of a statute as the applicable standard of care in determining the negligence of a particular defendant if the defendant violated a statute which is intended to protect a particular class of persons of which the plaintiff is a member against the particular hazard and kind of harm which resulted.

Front 32

2. Explain the concept of res ipsa loquitur.

Back 32

The concept of res ipsa loquitur allows a jury to infer both negligent conduct and causation from the mere occurrence of an event when the event is of a kind that ordinarily would not occur in the absence of negligence. Translated, res ipsa loquitur means “the thing speaks for itself,” and the concept operates where other possible causes are sufficiently eliminated by the evidence.

Front 33

3. Discuss strict liability and indicate activities which give rise to the application thereof.

Back 33

The doctrine of strict liability or liability without fault is not based upon any particular fault of the defendant. Rather, it is based upon the nature of the activity in which the defendant is engaged. Certain types of activities are socially desirable but pose significant risks of harm regardless of how carefully they are conducted. Thus, where the activities are in themselves abnormally dangerous, or where one keeps animals, liability may be imposed even though the actor neither intended any harm nor acted in a negligent manner.

Front 34

4. Distinguish between the duty of care a possessor of property has to trespassers, licensees, and invitees.

Back 34

A few states have abandoned any distinction between these three classifications of persons. For those states which still recognize a difference, however, the courts generally recognize a duty not to intentionally injure trespassers, a duty to warn to licensees of known dangers the licensees are unlikely to discover, and a duty to exercise reasonable care to protect invitees against dangerous conditions about which the possessor knows or should know and which the invitee is unlikely to discover. Most courts hold that upon discovering the presence of trespassers, a lawful occupier of land must use reasonable care in his or her activities and warn trespassers of dangerous conditions that the trespassers are unlikely to discover.

Front 35

5. Compare the doctrine of contributory negligence and the doctrine of comparative negligence.

Back 35

Contributory negligence is defined as failure of a plaintiff to exercise reasonable care that legally causes the plaintiff’s harm. If negligence of the plaintiff together with negligence of the defendant proximately caused the injury sustained by the plaintiff, he cannot recover any damages from the defendant in those few states where contributory negligence is still recognized. Comparative negligence divides damages between the plaintiff and defendant where the negligence of each has caused the harm. Under the “modified” comparative negligence doctrine followed by many states, however, a plaintiff cannot recover anything if the plaintiff’s negligence was 50% or more the cause of the harm.

Front 36

____ 1. That law which deals with the relationship between government and individuals is commonly known as:
a. substantive law.
b. public law.
c. private law.
d. civil law.

Back 36

b

Front 37

____ 2. The civil law system is:
a. a system in which the judiciary initiates, conducts, and decides cases.
b. a legal system in which the body of law is derived from Roman law and based upon compre¬hensive legislative enactments.
c. a system in which opposing parties initiate and present their cases.
d. none of the above.

Back 37

b

Front 38

____ 3. The federal courts have exclusive jurisdiction over __________ cases.
a. bankruptcy
b. federal question
c. diversity of citizenship
d. bankruptcy, federal question, and diversity of citizenship

Back 38

a

Front 39

____ 4. The ethical theory that holds moral actions must be judged by their motives and means as well as their results is:
a. utilitarianism.
b. ethical fundamentalism.
c. deontology.
d. ethical relativism.

Back 39

c

道义论

Front 40

____ 5. An equitable remedy rewriting a contract to conform to the original intent of the contracting parties is known as:
a. rescission.
b. specific performance.
c. reformation.
d. none of the above.

Back 40

c

Front 41

____ 6. The U.S. Supreme Court interprets the __________ as granting virtually complete power to Congress to regulate the economy and business.
a. contract clause
b. equal protection clause
c. federal power to tax and spend
d. commerce clause

Back 41

d

Front 42

____ 7. Which of the following elements need not be proven in a negligence action?
a. Breach of duty of care
b. An unreasonably dangerous activity
c. Factual cause
d. Harm

Back 42

b

Front 43

____ 8. The nonbinding process in which a third party is selected to help reach a mutually acceptable agreement is known as:
a. negotiation.
b. arbitration.
c. conciliation.
d. consensual arbitration.

Back 43

c

Front 44

____ 9. Authority of a particular court to adjudicate a controversy of a particular kind is known as:
a. in personam jurisdiction.
b. in rem jurisdiction.
c. venue.
d. subject matter jurisdiction.

Back 44

d

Front 45

____ 10. The __________ protects all individuals against unreasonable searches and seizures and is intended to protect the privacy and security of individuals against arbitrary invasions by gov-ernment officials.
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Sixth Amendment

Back 45

b

Front 46

____ 11. Which of the following activities will not give rise to a strict liability claim?
a. Performing abnormally dangerous activities
b. Keeping of wild animals
c. Negligently causing harm to another
d. (a) and (b), but not (c)

Back 46

d

Front 47

____ 12. Albert, a citizen of California, is injured in an auto accident which occurs in Colorado and involves another car which is driven by Barbara, a citizen of Nebraska. Albert’s medical ex-penses and property damage amount to $85,000. Albert sues in federal court based upon diversity jurisdiction.
a. No diversity of citizenship exists, because both Albert and Barbara are U.S. citizens.
b. Diversity exists because Albert is a citizen of California and the accident occurred in Colorado.
c. Diversity exists because Albert is a citizen of California and Barbara is a citizen of Nebraska.
d. The federal court will dismiss the suit, because the amount in controversy is less than the minimum jurisdiction amount.

Back 47

c

Front 48

____ 13. For purposes of procedural due process, “property” includes:
a. Social Security payments.
b. food stamps.
c. land.
d. all of the above

Back 48

d

Front 49

____ 14. The intentional exercise of dominion or control over another’s personal property that so seriously interferes with the other’s right of control and which justly requires the payment of full value for the property is known as:
a. theft.
b. trespass to personal property.
c. conversion.
d. two of the above, (a) and (b).

Back 49

c

Front 50

____ 15. Pablo Plaintiff has a case which can be brought in either the state or the federal court. Jurisdiction in the case is:
a. in rem.
b. concurrent.
c. exclusive.
d. quasi in rem.

Back 50

b

Front 51

____ 16. The constitutional protection which guarantees the right to a speedy, public trial by jury is found in the:
a. First Amendment.
b. Fourth Amendment.
c. Fifth Amendment.
d. Sixth Amendment.

Back 51

d

Front 52

____ 17. At the __________, the accused is informed of the charge against him and he enters his plea.
a. arraignment
b. preliminary hearing
c. information
d. trial

Back 52

a

Front 53

____ 18. At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony.
a. theft
b. robbery
c. burglary
d. stealing

Back 53

c

Front 54

____ 19. The first right of the federal government to regulate matters within its powers to the possible exclusion of state regulation is known as:
a. federal supremacy.
b. federal preemption.
c. judicial review.
d. state action.

Back 54

b

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.

Front 55

____ 20. The Elmville City Council passed an ordinance stating that no person of Iranian extraction shall be allowed to purchase property within the city limits. Mohammed Abou came to the United States as a student ten years ago from Iran. He has now graduated, works as an engineer in Elmville, and would like to buy a house there. His attorney tells him the ordinance is unconstitutional and should be challenged. If Mohammed sues to challenge the ordinance, the court will apply the __________ standard.
a. rational relationship
b. strict scrutiny
c. intermediate
d. beyond a reasonable doubt

Back 55

b